"There is distinction between facta probanda (the facts required to be proved i.e. material facts) and facta probantia (the facts by means of which they
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"Even if the transaction is named as 'loan', it would not take it out of the scope of the term 'deposit' as defined. Nomenclature of
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"The individual persons like respondents herein accepting the deposit and fraudulently defaulting become a 'Financial Establishment' within the definition of Section 2(d) of the Act,
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"Under Section 138 of the NI Act, in case of issuance of cheque from joint accounts, a joint account-holder cannot be prosecuted unless the cheque
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"Extraordinary reliefs sought by the petitioners, involving fiercely disputed questions of title and the stifling of a valid criminal probe, cannot be granted under writ
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"Provisions of Section 82 of the Code of Criminal Procedure having serious ramifications qua the right of the accused concerning his presence in the criminal trial proceedings
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"Keeping the accused behind bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that 'bail is
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"A person released on bail is already in constructive custody of law and if the law requires him to come back to custody for some
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"A lie spoken a thousand times does not become the truth, just as intimidation clothed as legitimate criticism does not become immune from the law of
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"Suppresio veri suggestio falsi would disentitle a party from obtaining discretionary relief. Even if a party has some semblance of a legal right, but its
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"Mere failure on the part of the Appellant to deposit the amount... cannot in the facts of the present case, operate to non-suit the Appellant or deprive
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"Insurance Company failed to prove that there is no driving license to the driver of the offending vehicle. Therefore, this Court finds that the 2nd respondent -
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"This was, thus, not a case of mere reference to an earlier agreement but a case where the parties to the later contract clearly intended to
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"Discrepancies and inconsistencies in the testimony of a related or interested witness will have to be viewed in such context, and more particularly when other
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"Passed-out students cannot be allowed the benefit of a windfall or a bonanza merely by dint of the interim orders passed by this Court... it
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" Appellant, if unsuitable for appointment, could not have been recommended even on a contract basis for a period of twelve months. To justify a
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"If the Detaining Authority had been really and genuinely satisfied after proper application of mind... it would have acted with greater promptitude in securing the
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"Mere existence of a civil dispute, contractual relationship, or availability or invocation of civil remedies such as arbitration, recovery proceedings, settlement, or repayment does not by
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"State as a model employer, should not deal with its employee in such a manner and intentionally delaying the process of absorption, just to disentitle them to
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"Chapter-VA of the AAI Act is a complete code... resolution of disputes relating to eviction of the Petitioners cannot be resolved through arbitration, both on
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"There is distinction between facta probanda (the facts required to be proved i.e. material facts) and facta probantia (the facts by means of which they
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"Even if the transaction is named as 'loan', it would not take it out of the scope of the term 'deposit' as defined. Nomenclature of
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"The individual persons like respondents herein accepting the deposit and fraudulently defaulting become a 'Financial Establishment' within the definition of Section 2(d) of the Act,
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"This was, thus, not a case of mere reference to an earlier agreement but a case where the parties to the later contract clearly intended to
read more
"Discrepancies and inconsistencies in the testimony of a related or interested witness will have to be viewed in such context, and more particularly when other
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"Passed-out students cannot be allowed the benefit of a windfall or a bonanza merely by dint of the interim orders passed by this Court... it
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" Appellant, if unsuitable for appointment, could not have been recommended even on a contract basis for a period of twelve months. To justify a
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"But we do not think that the notional income of a student undergoing a Degree course in Engineering from a premier institute should be taken
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"Ability to understand and be understood in one’s own language is not a matter of convenience, but a matter of existential rights, for comprehension must
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"Ability to understand and be understood in one’s own language is not a matter of convenience, but a matter of existential rights, for comprehension must
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"Direction not to file the charge sheet in reference of judgment in the case of Pradnya Pranjal Kulkarni is wholly unjust as the facts are
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"Signed order is what embodies the final unalterable opinion of the Court, it is the only version of the Court’s order which is reached after multiple
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"A well-educated and professionally qualified woman cannot be expected to be confined within the rigid boundaries of matrimonial obligations alone. Marriage does not eclipse her
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"Methodology for working out the ‘average sale price’ under Section 26(1)(b), as set out in Explanations 1 to 4 thereunder, does not permit placing reliance on
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"It is a well-settled principle of accounting and law that profit is the surplus that remains after all the expenses have been deducted from the
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"Filing of such appeal, without even applying for a certified copy of the order sought to be impugned, practically meant that there was no filing of
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"Discrepancy in billing appears to be more of an inadvertence, than a case of dishonest intention on part of the hospital. We are of the opinion
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"Regulation 10 does not vest any power or right in the hands of a delinquent officer/employee to either insist or ask for joint or common
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"Power to set aside election results vests exclusively with the Prescribed Authority, and once it has become functus officio, such power cannot be exercised thereafter,"
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"If the alleged offence takes place within the four corners of the wall where members of the public are not present, then it cannot be
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"Under Section 138 of the NI Act, in case of issuance of cheque from joint accounts, a joint account-holder cannot be prosecuted unless the cheque
read more
"Extraordinary reliefs sought by the petitioners, involving fiercely disputed questions of title and the stifling of a valid criminal probe, cannot be granted under writ
read more
"Provisions of Section 82 of the Code of Criminal Procedure having serious ramifications qua the right of the accused concerning his presence in the criminal trial proceedings
read more
"Keeping the accused behind bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that 'bail is
read more
"A person released on bail is already in constructive custody of law and if the law requires him to come back to custody for some
read more
"A lie spoken a thousand times does not become the truth, just as intimidation clothed as legitimate criticism does not become immune from the law of
read more
"Suppresio veri suggestio falsi would disentitle a party from obtaining discretionary relief. Even if a party has some semblance of a legal right, but its
read more
"Mere failure on the part of the Appellant to deposit the amount... cannot in the facts of the present case, operate to non-suit the Appellant or deprive
read more
"Insurance Company failed to prove that there is no driving license to the driver of the offending vehicle. Therefore, this Court finds that the 2nd respondent -
read more
"If the Detaining Authority had been really and genuinely satisfied after proper application of mind... it would have acted with greater promptitude in securing the
read more
"Mere existence of a civil dispute, contractual relationship, or availability or invocation of civil remedies such as arbitration, recovery proceedings, settlement, or repayment does not by
read more
"State as a model employer, should not deal with its employee in such a manner and intentionally delaying the process of absorption, just to disentitle them to
read more
"Chapter-VA of the AAI Act is a complete code... resolution of disputes relating to eviction of the Petitioners cannot be resolved through arbitration, both on
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"Death of deceased is culpable homicide caused by the accused, but the same falls under the exceptions, partly covered by Exception 1 and partly by Exception 4
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"Test under Section 12-A is not whether the prayer for the urgent interim relief actually comes to be allowed or not, but whether on an examination
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"Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a person declared as a proclaimed offender... has
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"Any suppression, concealment or selective disclosure of such material facts amounts to an abuse of the process of law and strikes at the very root of
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"Since the accused-appellant was not confronted with the conclusions of the FSL report regarding the matching of the DNA in the statements under Section 313
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"Registration of a document no doubt is notice to the whole world but that can be rebutted by the person by proving the actual date
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"There is a cleavage of opinion considering the view taken by the Division Bench in the case of M/s. Colorcon Asia Pvt. Ltd. and the view taken
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In the contemporary landscape of the Indian criminal justice system, DNA profiling has transitioned from a "novelty" to the "gold standard" of forensic evidence. However, for
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Possession is the law’s most practical concept. Before a court reaches the higher question—“who is the owner?”—it often asks the simpler, urgent question—“who is in possession, and
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Appreciating evidence in civil litigation requires adherence to strict principles under the Indian Evidence Act, the Code of Civil Procedure (CPC), and binding judicial precedents. Courts
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In the world of law, the doctrine of Res Judicata serves as a cornerstone for upholding judicial efficiency and finality. Res judicata, meaning "a matter already judged,"
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"Copyright law, a delicate balance of protecting creativity while fostering innovation." – Indian Judiciary- Introduction: Safeguarding Creativity Through the Copyright Act
In a world
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In the Indian legal system, judgments play a crucial role in shaping jurisprudence and guiding future cases. These judgments can be classified into two primary categories: reportable and non-reportable.
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